Mother, Teen Set To Accept Plea Offer, Lawyers Say

The Deal Is Similar To One That Was Rejected Before Lionel Tate's 2001 Trial And Murder Conviction.

January 1, 2004|By Paula Mcmahon South Florida Sun-Sentinel

FORT LAUDERDALE -- Lionel Tate and his mother have decided that he will accept a plea offer from Broward prosecutors that would set him free from prison in just a few weeks, their attorneys said late Wednesday.

The decision came after days of agonizing about the details of the plea and speculation about whether Tate and his mother, Kathleen Grossett-Tate, would take a second chance at a plea deal similar to one they rejected before his 2001 trial.

"[Mrs. Grossett-Tate] has accepted the plea," said her attorney, Henry Hunter, speaking on her behalf. "She wants Lionel home. The right decision was easy to make, it was just the details that needed to be worked out."

Tate, now about a month shy of 17, could be eligible for release as early as Jan. 25.

The case has been at the center of national and international debate about how to treat juveniles charged as adults since Tate was accused of beating 6-year-old Tiffany Eunick to death in July 1999, when he was 12.

Tate's attorney, Richard Rosenbaum, said he was delighted that Grossett-Tate agreed to support her son's decision to accept the plea offer.

"I'm happy that mother and child have united on this," Rosenbaum said. "Lionel Tate is ready to move on to the next stage of his life. . . . He grieves every day over Tiffany's death and shall think of her and this terrible tragedy for the rest of his long life."

Prosecutors took the unusual action of offering the plea agreement again Dec. 26, after an appeals court threw out Tate's first-degree murder conviction and life sentence earlier in the month.

Tiffany's mother, Deweese Eunick-Paul, was also relieved to hear of the decision, said Ken Padowitz, the former prosecutor on the case who now represents her.

"Deweese is pleased that Lionel Tate has finally accepted responsibility for the brutal murder of little 6-year-old Tiffany," said Padowitz. "This will help put a resolution to this tragic case and hopefully provide some justice for Tiffany Eunick and her family."

Tate is to plead guilty to second-degree murder in exchange for three years in prison, of which he has served all but 25 days. He would then have to complete one year of house arrest and would be closely monitored. He would be allowed to attend high school and church and begin serving 1,000 hours of community service.

Dozens of people, including pastors, psychologists and community groups, have offered to help Tate reintegrate into society, Rosenbaum said.

A transition team from the Department of Juvenile Justice has already begun to plan for the smoothest way for Tate to return to the world outside the high-security Okeechobee Juvenile Offenders Correction Center, where he has been for nearly three years.

That team has been "wonderful" in helping Tate plan for what will likely be a challenging period for the teen, Rosenbaum said.

"They're planning the next stage of his life, and we'll do everything in our power to keep him in a controlled situation where he's receiving positive feedback," he said.

Tate is in the 11th grade at the juvenile facility, where he took part in ROTC programs and expressed an interest in working as a waiter and getting training in the culinary arts, Rosenbaum said. Tate was on the honor roll at the facility and got three A's and three B's last semester, court records show.

No date has been scheduled for Tate to enter his plea in court. Before that happens, psychologists are expected to evaluate Tate to make sure he is legally competent to make the decision, and minor adjustments will be made to the language of the plea, the attorneys said.